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Bombay High Court Allows Appeal Against Rejection of Counter Claim in Specific Performance Suit. Counter Claim Filed Within Limitation Period as Cause of Action Arose from Termination of Agreement and Filing of Suit.

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 24 November 2006, which allowed a motion for rejection of a co...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Courts Below Upheld. Agreement to Sell Not Proved as Genuine Transaction; Appellate Court's Reversal of Finding on Nature of Transaction Was Justified.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Specific Performance Suit. Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Defendants.

The petitioners, Amartya Deshmukh (minor) and Haribhau Deshmukh, filed a writ petition challenging the order dated 07-01-2017 passed by the learned Di...

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Bombay High Court Dismisses Appeals in Specific Performance Suit for Re-conveyance of Land. Time Not Essence of Contract and Readiness and Willingness Proved Despite Minor Irregularities in Guardian Appointment.

The case involves two second appeals arising from a suit for specific performance of an agreement of re-conveyance. On 24 June 1968, Babu Kale (common...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...